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approval prior to the commencement of construction of 53rd Street. Utility relocation shall be included. A. The County shall have the right to approve the scope of work and compensation for the design and engineering phase of this project. The County shall not unreasonably withhold or delay such approval. Failure to reply to the Developer within thirty (30) days shall constitute approval. B. The Developer and the County shall share equally the cost of construction, design, and engineering of 53rd Street from 58th Avenue to the east property line of Waterway Village -,i provided, however, that the County's obligation for the cost of landscaping shall be limited to one-half of $100,000.00 per mile. The Developer shall fund and install all border landscaping. C. The Developer shall have no responsibility for the design, engineering, or construction costs of 53rd Street east of the Developer's east property boundary, or for the bridges across Lateral H and North Relief canals. D. The de-ve-4-ep&Developer's obligation with respect to 53rd Street, identified in the Amended and Restated Development Order and otherwise, shall be deemed satisfied so long as the Developer is in compliance with this Amended Agreement, and the County shall not withhold any approval or permit because of the condition of 53rd Street as long as the Developer is in compliance with this Amended Agreement. E. At the time the County accepts title or dedication from the Developer for the 53rd Street right-of-way, the County shall execute a release of any interest the County has in Murphy Act right -of- way for the existing 53rd Street located in Sections 21 and 22, Township 32, South, Range 39 East, Indian River County, Florida, including, but not limited to, the reservation of road right- of-way described in Deed Book 66 Page 35, Deed Book 67 Page 267 and Deed Book 60 Page 86, Public Records of Indian River County, Florida_ =17 F. The construction of 53rd Street as described above will require the excavation of a lake to receive the drainage from 53rd Street ("the Lake"). The Develo • er agrees to dig the Lake, to install the required drainage Dies from 53rd Street, and to allow 53rd Street to drain into the Lake and thereafter to furnish as.ro.riate ea ements t• the Count f• the use maintenance and re.1 cement of such piping. The County al. ees that the minin• activities associated with extracting and transporting of this fill will not be charged a•ainst the limited .uration of the inci.ental to constru i.n mining .ermit issued to the Develo.er for the development. G. The Developer agrees to furnish the County fill (not to exceed 110 010 cubic ards for use b the Count in the construction of 53rd treet east of the Lateral H. Canal. The fill will be at no cost to the County but the County RM: 7375391: 1 i-9 Page 6 of -1-616